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HomeMy WebLinkAbout1989-05-02; City Council; MinutesI 1 0 0 MINUTES Meeting of: CITY COUNCIL (Regular Meeting) Date of Meeting: May 2, 1989 Time of Meeting: 6:OO p.m. I\\ Place of Meeting: City Council Chambers COUNCIL % ?&$ MEMBERS 2. 8 Z. 8 CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:OO p.m. ROLL CALL was taken by the Deputy City Clerk, as fol lows: Present: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson. Absent: None. INVOCATION was given by Mayor Lewis. PLEDGE OF ALLEGIANCE was led by Council Member Mamaux. APPROVAL OF MINUTES: Minutes of the Regular Meeting held April 18, 1989, X Lew i s were approved as amended. Kulchin xx Pett i ne X Mamaux X Larson X PRESENTATION: Mayor Lewis read a Proclamation declaring May 14 - 20, 1989, as NURSING HOME WEEK. The Proclamation was accepted by Jeff Jones, Administrator of the Lutheran Health Facility. Mayor Lewis read a Proclamation declaring the month of May as OLDER AMERICANS MONTH. The Proclamation was accepted by Lloyd Rochambeau, Administrator of the Carlsbad by the Sea Retirement Home. Employee Suggestion Awards Marsha Payne, Acting Personnel Director, presented a check for $25.00 to Pat Stuckrad of the Finance Department for recommending a revision of the Location Map located in front of the City Hal 1 complex. Randee Harlib, Secretary to the City Attorney, was presented a check for $100 for suggesting creation of a floater classification for clerical and secretarial duties. Steve Pearce, Maintenance Worker II in the Street Department, was presented a check for $1,000 for suggesting putting a liquid plastic coating on the face of the meters to rejuvinate them, eliminating the need to replace meters and saving the City thousands of dol lors. CONSENT CALENDAR: Council affirmed the action of the Consent Calendar, Lew i s X as follows: Kulchin X Pett I ne X Marnaux xx L arson X 118 0 0 MINUTES May 2 , 1989 Page 2 /\iJ COUNCIL % %$ ’ MEMBERS % %% CONSENT CALENDAR: (Continued) WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. (99) 1. AB #10,000 - ACCEPTANCE OF OFFSITE PUBLIC IMPROVEMENTS - RISING GLEN - CT 83-20. Council accepted the improvements, authorized the City Clerk to record the Notice of Completion and release bonds; and directed the Utilities and Maintenance Department to commence maintaining the public streets associated with CT 83-20. (99) 2. AB #IO,OO1 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - SEA GATE VILLAGE - CT 82-24. Council accepted improvements, authorized the City Clerk to record the Notice of Completion, relese bonds, and directed the Utilities anad Maintenance Department to commence maintaining the public streets associated with CT 82-24. (99) 3. AB #10,002 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - LA COSTA RACQUET CLUB - CT 84-07. Council accepted the improvements, authorized the Clty Cierk to record the Notice of Completion, release bonds, and directed the Utilities and Maintenance Department to commence maintaining the public streets associated with CT 84-07. (113) 4* AB #10,003 - APPROVING AN AMENDMENT TO THE EXISTING PRECISE DEVELOPMENT PLAN - PHASE IV EXPANSION - ENCINA WATER POLLUTION CONTROL FACILITY - PDP 1(C). Council adopted RESOLUTION NO. 89-131, approving an amendment to the existing Precise Development Pian for the Phase I V expansion of the Encina Water Pollution Control Facility located at 6200 Avenida Encinas. (99 ) 5. AB #10 , 004 - ACCEPTANCE OF PUBL IC IMPROVEMENTS - VISTA PACIFICA/LAS PLAYAS - CT 83-2, UNIT 7. Council accepted improvements, authorized the City Clerk to record the Notice of Completion, reiease bonds, and directed the Utilities and Maintenance Department to commence maintaining the pubtic streets associated with CT 83-2, Unit 7. PUBLIC COMMENT: There were no requests to address Council. PUBLIC HEARING: (110) 6. AB #9971 - CROSS-CONNECTION CONTROL PROGRAM. Larry Wi I ley, Uti 1 ities/Maintenance Department, gave the staff report as contained in the Agenda Bill. 113 A @ * 0 MINUTES (70) May 2, 1989 Page 3 COUNCIL % 'PC% $ MEMBERS FiY % %% \ .- . PUBL IC HEAR I NG: (Cont i nued) Mayor Lewis opened the Public Hearing at 6:13 p.m., and issued the invitation to speak. Since no one wished to speak on this matter, the Pub I ic Hearing was closed. Council adopted the following Ordinance: ORDINANCE NO. NS-62, AMENDING TITLE 14, CHAPTER 14.08 OF THE CARLSBAD MUNICIPAL CODE BY REPEALING SECTION 14.08.010 AND ADDING CHAPTER 14.12 RELATING TO CROSS- CONNECTION CONTROL PROGRAM AND ADOPTING ARTICLE 1 OF GROUP 4 OF SUBCHAPTER 1 OF CHAPTER 5 OF TITLE 17 OF THE CALIFORNIA ADMINISTRATIVE CODE. Lewis Kulchin Pett i ne Mamaux Larson DEPARTMENTAL AND CITY MANAGER REPORTS: I 7. AB #10,009 - CONTRACT FOR SENIOR CENTER ARTWORK. Connie Beardsley, Arts Manager, and Joe Bear, Chairman of the Arts Commission, gave the staff report, with Mr. Bear narrating a slide presentation showing public art throughout the world. Mr. Bear also described the fifteen-month process followed by the Arts Commission and the Selection Committee in making the selection of art for the Senior Center. Ms. Beardsley concluded the report, explaining the procedure used to notify the citizens that the maquettes of the three finalists for the Senior Center artwork were on display. Hope Wrisley, 2080 Basswood Avenue, stated she was not present to discuss the butterflies, but to state that she was pleased with the Arts Commission, and was aware that the Members represented many different points of view. She felt that when that Comission comes to Council with a recommendation, Council should go along with them; adding that only if that recommendation were something unfitting or beyond budget, should it be denied. Ms. Wrisley concluded, stating if the Counci 1 did not support the Commission, then they should disband it. Dorrie Ritchie, 3379 Garibaldi Place, Senior Commissioner and Member of the Selection Committee, commented on the process and decisions made over the fifteen-month period, as they pertained to the Senior Commission. She listed at1 the reports made to the Senior Commission and stated that although their meetings are open to the public, no one spoke about the art work or indicated any problem. She spoke in favor of adopting the recommendation of the Arts Commission. Jackie Wrench, 3531 Charter Oak Drive, President of the Board of Directors, Carlsbad Arts Associates, spoke in favor of the artwork selection, stating that the protest to this selection offended the Arts Associates' sense of fairness. She said those in opposition felt that the present users should be the only ones to be considered. Ms. Wrench said that this is a public building, built with public funds, and the decision shou Id be by other than just some of the users. \ I >I Io > ) > r \ ( ( I / //G Ill A @ e e MINUTES s96, May 2, 1989 Page 4 COUNCIL \\ %?&%+ MEMBERS Z. rl, Z. 8 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Ms. Wrench stated her group had shown the slide presentation to many groups and submitted petttions supporting the fairness of the selection process, stating that 70% of those contacted during this period were in favor of the artwork. She asked Council to support the Arts Commission's recommendation. Patricla Feille, 2160 Janis Way, a Member of the Selection Committee, stated the Committee worked hard to make a selection. She felt the City was very fortunate to have Christine Oatman submit work to them, and to have her work on display would be a plus for the City. She asked Council to support this selection of artwork. Anna Knox, 1860 Highridge, spoke about volunteers, stating they are very valuable to the community. She asked Counci I not to undermine the work of the Selection Committee, as they established and fol lowed a a set plan. If that recommendation were overturned, it might send a message to ai I volunteers that, if you don't like something, don't follow the rules, but wait until the process is completed and then begin the protest. Ms. Knox asked Counci 1 to uphold the Selection Committee's recommendation as presented by dedicated community volunteers. Patra Straub, 542 Oak Street, Member of the Arts Commission, spoke in favor of the artwork, stating that Council would choose to reward one particular type of behavior tonight and she commented on the different types of response to the select ion of artwork. George Heard, 2279 Lisa Street, Member of the Senior Commission, spoke on behalf of the recommendation of the Arts Commission. He said the process was professional and well-rounded without any blemish, and he felt the artwork was the best one for the part of the bu i 1 ding it was to decorate. Mr. Heard said the art piece is not controversial, but the people make it controversial. He said he would iike to think that the City has the ability to take a bold step and have a piece of fine artwork to decorate the Senior Center. Linwood Van, 2603 Avenida De Anita, Chairman of the Senior Commission, spoke in opposition to the artwork, stating he did not feel the butterfly piece was an integral part of the Senior Center building design. He said Commissioners Maggio, Savary and he joined wih the School Board in requesting that no artwork be instailed in the building until after it has been occupied by the seniors and the School Administration. David Castner, 1550 Sunrise Circle, representing the Senior Citizens Assoclation, spoke in opposition to the artwork, stating that in less than eight hours 187 signatures had been collected rejecting the artwork--and this was by those who use the center. /I5 e 0 MINUTES May 2, 1 989 Page 5 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Mr. Castner stated that everyone agrees that butterflies in nature are beautiful, and he was not against the sculpture, per se, but was against what they want to do with it. He felt the selection was incredibly poor, as it represents the last stage in the life cycle and said seniors di d not need to be reminded of how far a long life's path they had progressed when he entered that bui Iding. Mr. Castner said he saw the slide presentation three times and how alleged art has been inflicted on the public by arts commissions and arts groups throughout the United Stated and Europe. He said the seniors would not be able to ignore these butterflies suspended from the ceiling and with shadows in the floor--with 30 of them to remind the seniors of their demise. This would also preclude having any murals on the walls. Mr. Castner sai d the purpose of the new center was to enrich the lives of the seniors, raise their spirits and make life more enjoyable and useful---not to drive them into fits of depression. He said this project has subjected the seniors to ridicule and disrespect. He felt the Arts Associates and Arts Commission had missed the point of what the seniors stand for. Mr. Castner said there was only one governing body in this City, and the seniors had enough by extending this process for five months. However, he concluded, he would support the Council decision, whatever it was. Ruth Sherwood, 5238 Carlsbad Boulevard, stated the members of the Senior Association Board do not think butterflies are for that building--but maybe some other building. She said many seniors are on crutches or use canes to walk, and even some are in wheelchairs. Ms. Sherwood said with walking on a tile floor with constant motion above, those people will lose their balance. For that reason, she felt the artwork was dangerous. Peggy Savary, 6528 Persa Street, President of the Senior Citizens Association and a Senior Commissioner, spoke in opposition to the artwork, stating it would be dusty, dangerous and depressing, and was an expenditure of too much money for something that was not wanted. She said that two equal governing bodies (the Senior Commission and the School District) had voted against th is artwork and they shou 1 d be al lowed to choose the art at the proper time. Council Member Larson stated the system was fair and open and there had been opportunity for the public to participate. He said if Council does not adopt the recommendation, this might discourage some of the volunteers and they might be lost to the City. However, he added that Council sometimes does vote against recommendations of the Commissions, but he felt this was different. This decision does not interfere with the function and financial decision, and if Council wants to make the aesthetic decision on every piece of art, then the process should be cut down and Council should deal with the artists. wf I COUNCIL \j 557 /o %% A MEMBERS Z. 8 9 b >Q e 0 MINUTES May 2, 1989 Page 6 COUNCIL /\2$ 39 0 A* A % MEMBERS % $% DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Mr. Larson said Council should agree to accept controversy with regard to public art. However, it is i n pub I ic p 1 aces and does not ref lect on the users and the building. He stated he supported the Arts Commission's recommendation. Counci I Member Ku lchin stated she thought the butterflies were beautiful and the selection process was fair, and art will always be controversial. She said the volunteers for the City are appreciated and she felt the behavior was rational on both sides of thls situation. Mrs. Kufchin said she had a hard time with telling people something was good for them and they would grow to 1 ike it. She said she cou Id not support the recommendation for the Senior Center, but perhaps the artwork cou 1 d be placed in some other p l ace. Council Member Mamaux stated that the Committees worked well together on the design of the Senior Center Building. He stated he was not critical of public art, but this particular piece and location. There are two tenants--the School District Administration and the Senior Association, and he said he could not agree to place the butterflies in a building where the tenants did not want them. Council Member Pettine agreed it would be difficult to force something on the tenants that they did not want and he did not want to force his views on the seniors. He felt this was not a typical public building--but a special place. Mr. Pettine said he could not support the artwork at this site. He suggested the Arts Commission look at the new library site as a possible locat ion for this artwork. Mayor Lewis stated the selection process was followed to the letter; however, he felt the artist should have talked to those who will use the building, and would like to see such a requirement when the City has a special project on line. Mayor Lewis said that if all the public uses a building, that is different from the use planned for this building. He suggested waiting a year before this matter is considered again. Council determined that no artwork be chosen for the Lewis xx Senior Center until one year after the building has Kulchin X been completed and suggested that the Arts Commission Pett i ne X look for another site for the Butterfly Sculpture. Mamau x X Larson RECESS : Mayor Lewis declared a Recess at 7:25 p.m., and Council re-convened at 7:33 p.m., with all Members present. lI 3 b X e 0 MINUTES (92) May 2, 1989 Page 7 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) I 8. AB #10,005 - CALAVERA HILLS WATER RECLAMATION PLANT - STATUS REPORT. Lloyd Hubbs, City Engineer, introduced this itemm, giving a history of how the Calavera Hills Water Reclamation Plant got there and facts about the plant and the cost to activate it. He also explained the lease with the City of Vista. Ralph Anderson, Utilities/Maintenance Director, continued the report, giving the results of the testing procedure and the long-term picture, using transparencies and a slide presentation. Mr. Hubbs concluded the report stating information was needed as to whether the plant was environmentally compatible to the neighborhood and has a role in the long-term waste water treatment program and long-term water reclamation program for the City. Staff recommendation was to obtain this information before maklng any recommendation on the status of the plant. He did state that the plant must remain in place until the Encina expansion is complete, due to the provisions of the V ista lease. Bob Hahnel, 2692 Glasgow Drive, President of HANEC (Homeowner Associations of N.E. Carlsbad), stated he thought this plant was abandoned and the homeowners were to Id February 6 about the {ease with V ista. Many owners in the area did not know the plant was usable until the equipment started up. George Smith, 4378 Stanford Street, told of a petition sent to Council with nearly 500 signatures of Calavera Hills residents, and stated they were wiiling to submit to this 60-day testing period without threat of legal action, but after the test they wanted the plant dismantled forever. Mr. Smith said no homeowners signed odor easements, as they were not included in the CC&R1s and the City did not follow through to see that they had been omitted by the developer. He said that many people would not have purchased there if the facts had been given to them. He asked Counci I to dismantle the plant and close it down and give the residents an answer now. Allan Van Soest, 4326 Stanford Street, stated the plant was not needed; It is too costly to operate; the experts agree it shou 1 d not be activated and it is not useful as a last resort. He asked that the plant be dismantled now. COUNCIL \$ %9 /o +$,% A MEMBERS Z. J, $ I Jim Rankin, 4358 Stanford Street, representing The Summit, spoke in opposition, stating this information should have been in the CC&R's, but the developer did not include it. He said the plant has many problems, including the odors and the noise. He used a transparency to show the economic analysis to operate the plant, stating the City would lose $445,579 a year. He suggested using this area for open space, a park or the planned veterans1 memorial. I/% b 0 0 MINUTES May 2, 1989 Page 8 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) Hans Lindenskov, 2688 Glasgow Drive, Vice-president of HANEC, spoke in opposition to the plant, stating he wanted it removed, as it should not be located in a residential area. Wayne Parker, 4019 Crescent Point Road, representing Calavera Hills Homeowners, spoke in oppositTon to the plant, stated the homeowners are required to disclose this plant?s existence, but the developer did not divulge that information. He felt that was unfair to the present homeowners and unjust that the developer had not disclosed this. He stated that if this plant were to be a1 lowed to operate, it cou Id affect the des irabi 1 i ty of one of the mst upscale areas of Car lsbad. DennTs Meehan, 3981 Gloria Lane, representing Foote Development, stated Foote Development purchased four parcels of land in the early 80's. He said the land was developed as CT 84-35, The Summit. He stated that residents of The Summit were innocent victims because they were not served by this plant, and no amount of research would have led them to the conclusion that this plant was a problem and would be operated. Mr. Meehan saT d as soon as Foote Development was aware of the operation, this information was passed along to prospective buyers. He said there was no odor easement over Summit property, no mention in the conditions and no mention of a sewage plant. Mr. Meehan said if the Clty had planned to use this plant, they should have required notification to all homeowners in that area. Mr. Meehan said the agreement with Vista had been honored and the study would not be available until next fall. He suggested Council pass a resolution prior to any permanent operation of this plant proposing a new facility and a new EIR, complete with public hear i ngs. Mr. Meehan said he was told the same thing as the homeowners--that the facility was a "white elephant". He concluded, stating The Summit was not part of the Ca lavera Hi 1 Is Master P Ian area. Terri Schools, 4374 Stanford Street, spoke in opposition, stating they live just above the plant and the plant, duri ng testing, was noisy and gave off odors. She said they had been deceived by everyone regarding this plant, wTth the developer sayTng this was a clean water plant. Ms. Schools said they were told they had signed an odor easement, but the City found no such agreement. She asked for the plant to be dismantled. Jane Dunmeyer, 4382 Stanford Street, spoke of the opposition of many citizens to this plant, and told of the sewage having to be pumped in and out of the plant. She felt the City and staff had not addressed the operation in a residential neighborhood, and added that Encina was capable of hand I ing the sewer problem at a lower cost. Ms. Dunmeyer requested a statement from the City giving a definite date when the plant would be dismantled. /I/ I COUNCIL /\F %v "0 %.p/ A MEMBERS Z. 8 .;1 a b e 0 MINUTES (63) May 2, 1989 Page 9 COUNCIL \$$ /o $,$ MEMBERS Z. 6 $ \.. DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) I Winnie Averi 11, 2673 Sausalito, stated she is a Realtor and told of showing homes to prospective buyers and having them state they did not want to purchase in Alta Mira because of the Encina plant location. She thought it was unfair that the residents in The Summit must now reveal to prospective buyers that the reclamation plant is located in that area, when the deve ioper di d not. Mayor Lewis commented that the former Counci I was concerned that buyers were to be made aware of the existence of that plant, but somehow the condition was not included in the conditions placed upon the deve 1 oper. I n response to Counci I query, staff indicated the Calavera plant buildings are used at this time as a headquarters for the maintenance staff, and it wou i d be costly to raze the bui Idings. Counci 1 Member Mamaux related the history of the building of the plant and suggested establishing a watch committee that staff cou Id contact in case the City decided to do something with the plant. He said the lease with Vista is valid until 1992, and the piant must be kept unti i then. Councl I Member Larson reiterated that the lease with Vista is valid unti I 1992, and without that lease, operation of this plant would be closer to the top. He recommended waiting until the water reclamation report is complete before the City took any action. Mr. Larson said the City would be into reclaimed water at a later time in a big way. He said he would be willing to look at the alternatlve of dismantling the plant once the water reclamation plan is before Council. Counci I Member Ku Ich i n agreed nothing cou I d be done unti after 1992, and after the Water Reclamation Master Plan is presented, the dismant I i ng cou I d be considered and the basic costs involved. She asked for that to be included as part of the water reclamation report. Counci I accepted the staff report and requested that information regarding costs and effects of dismantling the Ca I avera H i 1 Is P lant be brought back as part of the Water Reclamation Master Pian. RECESS : Lew is Kulchin Pett i ne Mamaux ~ Larson Mayor Lewls declared a Recess at 9:08 p.m., and Counci I re-convened at 9:12 p.m., with al i Members present. 9. AB #9999 - NAMING OF THE LIBRARY BUILDING AT THE CIVIC CENTER. Library Director C i ifford Lange gave the staff report as contained in the Agenda Bill. X X X X X X HI Counci I, by minute motion, approved the recomendation the 1 i brary system is The Car isbad City Library”. X Larson of the new 1 lbrary bui 1 ding, and the official name of xx Mamau x Library. That naming will occur after the completion X Pett i ne bui lding at the Civic Center, The Georgina Cole X Ku Ich in of the i ibrary Board of Trustees to name the 1 i brary X Lew is /IO b (102) (28) (22) e 0 MINUTES May 2, 1989 Page 10 I\\ COUNCIL % %$ ? MEMBERS % %% DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 10. AB #10,006 - ESTABLISHMENT OF SPEED LIMIT ON PORTION OF PALOMAR AIRPORT ROAD. Bob Johnson, Traff ic Safety Engineer, gave the staff report as contained in the Agenda Bi I I. Counci 1 introduced the fol lowing Ordinance: ORDINANCE NO- NS-67, AMEND ING TITLE 10, CHAPTER 10.44 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 10.44.330 TO ESTABLISH THE SPEED LIMIT UPON PALOMAR AIRPORT ROAD FROM EL CAM1 NO REAL TO THE EASTERLY CI TY LIMIT. 11. AB #10,007 - APPOINTMENT TO HISTORIC PRESERVATION COMMISSION. This item was continued to May 9, 1989. Lewis Kulchin Pett i ne Mamau x Larson X X X X X X I 12. AB #10,008 - DISCUSSION OF McCLELLAN-PALOMAR A I RPORT. Counci I Member Mamaux asked for clarification on the position of Council on policy matters, stating he br i ngs pol icy matters before Counci I and asked why Counci I input was not considered on the budget submitted to the Board of Supervisors by the Airport Committee. Counci I Member Pettine said that the poi icy of the City is and will always be to promote safety at the Palomar Airport. He said that staff looked at this and took the position that it was consistent with the City policy. Ill Counci 1 Member Mamaux asked what the City w1 I I do about Pa lomar A irport Road and the i nabi I ity to ask the County to include that road in their budget and live up to their obligations. He felt there should have been Counci I input on that. He said when the County presents its budget, that is the only chance Car lsbad has to ask for help in the widening of Palomar Airport Road. He felt Counci 1 policy should be as a unit and not as one. Mayor Lewis stated that when there is a policy decision to be made, it shou Id be by ai 1 five Members of Counci I. Counci I Member Mamaux requested that the Representative take the Counci I questions to to the Advisory Committee meeting and add to that Mr. Kindle's request for information, study and response to complaints about low- flying airplanes. He stated he would like a written response. City Manager Ray Patchett stated that the County is p lanni ng a new term1 na I and off ice bu i I di ng and the City's Engineering Department has conditioned the permit w Ith improvements where the County wns land contiguous to Pa lomar A irport Road. JO? A $ 1) e MINUTES May 2, 1989 Page 11 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) By consensus, Counci I requested the City's representative on the Palomar Airport Advisory Committee to forward Mr. Mamaux's concerns, contained i n his memorandum of March 27, 1989, to the Committee for response. Also included was Mr. Kindle's request for information relative to complaints about low-f lying airplanes. COUNC I L REPORTS : Council Members reported on recent meetings and activities of the Committees and Sub-Committees of w h ich they are Members. ADJOURNMENT: By proper motion, the Meeting of May 2, 1989, was adjourned at 9:57 p.m. Respectfu I ly submitted, <%3% %eputy C i ty C I erk Harriett Babbitt Mi nutes C lerk 108 - %Ti MENl6ERS COUNCIL \$ %?-+%$, + CF Z. CF